S.J.MUKHOPADHAYA, J. - (1.) BOTH the writ petitions arise out of a common judgment and order dated 25th of July, 2005, passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal), Patna Bench, Circuit Court, Ranchi, in O.A. No. 290 of 2003, whereby and where under, while part of the prayer as made by 'Ram Prasad Sahu and others' has been allowed, rest of their prayer has been rejected.
(2.) AS the cases can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one. The petitioners - Ram Prasad Sahu and others were engaged by the South Eastern Railway as Commission Vendors/Bearers and were selling foods to the railway passengers and others on behalf of the railways on commission basis. The Southern Eastern Railway were running the Catering Units in the Refreshment Room/Dining Halls; Food Stocks; Tiffin and Tea, Coffee Stals etc. through the Commission Vendors/Bearers. The Railway is also running Pantry Cars in some of its important trains and is serving foods to passengers through their Commission Vendors/Bearers. All these units are being run by the Railways for about fifty years. The Commission Vendors/Bearers were being paid commission @ 15 % of the sale proceeds at the end of every month and in this way they used to earn about Rs. 500/ - to Rs. 800/ - per month. Some of the Commission Vendors/Bearers were also taken in the permanent services of the Railways and were getting about Rs. 2,450/ - per month and other allowances. A case was preferred by Commission Vendors/Bearers being Writ Petition (C) No. 196 of 1995 before the Supreme Court for their absorption in the services of the Railways and for payment of wages on the principle of 'equal pay for equal work'. The Supreme Court by interim orders dated 9th October, 1995 and 2 nd April, 1996 ordered that the Commission Vendors/Bearers of South Eastern Railway, be given at least a sum of Rs. 1500/ - per month on ad hoc basis or the commission, whichever is higher. The said writ petition was finally disposed of by the Supreme Court on 3rd December, 1997. It was directed that till the Commission Vendors/Bearers of South Eastern Railway are not absorbed in the services of Railway against the available vacancies, they will be paid the minimum of the scale of pay together with D.A. and other allowances. The Chief Catering Manager (Catering CATG), South Eastern Railway, Calcutta by his letter dated 12th May, 1999 also instructed all concerned officers to implement the Supreme Court's directions in its letter and spirit, but the matter actually remained pending for years together. A number of Commission Vendors/Bearers were absorbed between the year 1999 - 2001, but no specific order was issued with regard to Ram Prasad Sahu and others. According to the counsel, appearing on behalf of the petitioners - Ram Prasad Sahu and others, the authorities delayed the matter though all the details were available with them. The age of superannuation of Railway employees, in the meantime, were enhanced from 58 to 60 years by R.B. No. E (P and A) I -98/RT -6 dt. 14 th May, 1998. The South Eastern Railway absorbed many of the Commission Vendors/Bearers between the year 2001 -02, but no order having been passed with regard to the petitioners - Ram Prasad Sahu and others, they preferred O.A.No.290 of 2003 before the Central Administrative Tribunal, (Ranchi Bench).
(3.) THE petitioners were engaged as Commission Vendors/Bearers in the year 1956 and attained the age of 60 years between the year 1999 and 2001. At paragraph '23', the following details in regard to the petitioners have been shown: SI No.Name of the Petitioner.Date of BirthDate of EngagementDate of attaining age of 60 years1.Ram Pd. Sahu.26,04.193909.08.195626.04.1999.2.Chandrama Pd. Mishra.03.03.193920.02.195603.03.19993.Saraswati Mishra05.12.194129.01.195605.02.20014.Chandrika Singh.11.06.194026.06.195611.06.20005.Ambika Shukla.20.06.194111.01.195620.06.20016.Rameshwar Singh.16.01.194120.12.195616.01.20017.Ram Naresh Shukla.20.06.194017.05.195620.06.20008.Ram Chandra Bhagat.27.07.193925.06.195627.07.1999 st ;